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sumanta (1st year student)     28 February 2010

industrial dispute act 1947

i have a question regarding the constitutionality of a Section of the Industrial Dispute Act 1947. Sec 36(4) of the act states that "In any proceeding 1*[before a Labour Court, Tribunal or
National Tribunal], a party to a dispute may be represented by a legal practitioner with the consent of the other parties to the proceeding and 2*[with the leave of the Labour Court, Tribunal or National
Tribunal, as the case may be].
]".

so i will be thankfull if some body can give me the answer.



Learning

 1 Replies

R.R. KRISHNAA (Legal Manager)     28 February 2010

The provision is constitutionally valid.  The word " may " gives a discretion for the parties to engage pleaders and for the courts to allow the same.   It is sole discretion of the parties to engage a pleader or represent the matter by themselves.  Moreover these kind of provisions cannot be construed strictly.  Only a liberal interpretation would justify in applying these provisions in practice.  There is nothing wrong in the provision.


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